In Kim v. Reins International California, Inc. (B278642, Cal. Ct. App., December 29, 2017), the Court of Appeal for the Second Appellate District addressed for the first time the question of whether an employee-plaintiff, who had settled and dismissed his individual claims under the Labor Code against his employer, was able to maintain a representative action … Continue Reading

With the turn of the year comes a wave of new California disability and leave laws. Employers should review their existing policies and procedures to determine if they will be in compliance with these new laws—many of which will go into effect on January 1: To read more please visit this article at our Disability, … Continue Reading

In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks. Specifically, the DLSE maintains that employees must be relieved of all duty during rest breaks, and now has taken the position that employees must be permitted to travel off-site during their … Continue Reading

California has many requirements for the content of an employee wage statement, including this year’s new requirements for employees paid by a piece rate. Employees paid by piece rates must be separately compensated for rest and recovery periods and, where the employee does not earn at least minimum wage in addition to the piece rate, … Continue Reading

The Los Angeles City Council voted 13-1 in favor of a proposed ordinance that would permit Los Angeles workers to earn at least six paid sick leave days annually. The new paid sick leave entitlement would double the mandatory minimum under California’s statewide paid sick leave law. The proposed ordinance, which still needs to be … Continue Reading

In Castro-Ramirez v. Dependable Highway Express, Inc., decided April 4, 2016, the California Court of Appeal for the Second Appellate District held California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations to employees who are associated with a person with disabilities. Plaintiff Luis Castro-Ramirez’s son was in need of a kidney transplant, required … Continue Reading

In 2004, California enacted the nation’s first paid family leave program, offering up to six weeks of paid leave to workers who need to care for a new baby or an ill family member. The program was financed through disability insurance taxes paid by employees through payroll withholdings. The 2004 program paid 55 percent of … Continue Reading

On April 4, 2016, the California Supreme Court took a stand by issuing a long-awaited opinion in Kirby v. CVS Pharmacy, Inc. The decision clarifies certain ambiguities in an employer’s obligation to provide suitable seating to employees. At issue was a provision in California’s Wage Orders that requires employers to provide all employees “with suitable … Continue Reading

California’s unfriendly business environment took another unprecedented step this week, with Governor Jerry Brown raising the minimum wage to $15.00 per hour by 2022. Governor Brown signed SB 3 into law on April 4, 2016. The new law annually increases the state minimum wage starting January 2017. California’s minimum wage currently is $10.00 per hour. … Continue Reading

California Governor Jerry Brown just announced a compromise that would raise the state minimum wage to $15 per hour by 2022 and head off competing union-backed ballot measures. The proposal raises the current $10 minimum wage every January starting in 2017 until it reaches $15 in 2022. Employers with fewer than 25 workers have an … Continue Reading

California’s City of Santa Monica’s City Council has adopted an ordinance that enacts minimum wage and paid sick leave requirements for covered employees as well as new regulations pertaining to service charges and surcharges. Ordinance Number 2509 became effective on February 25, 2016, although its provisions will not be implemented until July 1, 2016. The … Continue Reading

Last week, California Attorney General, Kamala D. Harris – who has been mentioned as a potential nominee to fill Justice Antonin Scalia’s recently vacated seat on the U.S. Supreme Court – issued the California Data Breach Report (Report). The Report provides an analysis of the data breaches reported to the California AG from 2012-2015. The … Continue Reading

Navigating the California laws on discrimination and accommodation of pregnant employees is a significant challenge for retail employers. The Golden State’s protections for pregnant employees are many and they differ from those of federal law and of other states. Pregnancy Disability Leave Law Under the Pregnancy Disability Leave Law, which applies to employers with at … Continue Reading

Employers with operations in California – from established corporations to emerging and startup companies – face unique challenges. California law often sets the national trend with employment law developments predating changes across the country. Our biannual breakfast series consists of interactive seminars offered throughout the Golden State aimed at helping participants learn about the latest … Continue Reading

On July 15, Governor Jerry Brown signed into law AB 202, which requires California-based minor or major league sport teams in certain sports to treat cheerleaders as employees, not independent contractors. AB 202 defined California-based sport team as either a minor- or major-league-level team in the sport of baseball, basketball, football, ice hockey, or soccer. … Continue Reading

Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately upon Governor Jerry Brown’s signature on Assembly Bill no. 304 on July 13, 2015. Key provisions of the Amendment affect calculation of the rate of pay, method of accrual of paid … Continue Reading

Originally posted by Human Resource Executive, the premier publication focused on strategic issues in HR. To view the original post, please click here. A new set of ordinances that restrict San Francisco retailers in how they manage the scheduling and staffing of their establishments is about to go into effect—and experts say retailers in other … Continue Reading

On May 19, 2015, the Los Angeles City Council passed proposed legislation to considerably increase the City of Los Angeles’ minimum wage. The measure—which was approved by an overwhelming 14-1 vote—directs the City Attorney to write an Ordinance that will, if approved by a final vote of the Council and then the Mayor, increase the … Continue Reading

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Founded in 1958, Jackson Lewis is dedicated to representing management exclusively in workplace law. With 800 attorneys practicing in major locations throughout the U.S. and Puerto Rico, Jackson Lewis is included in the AmLaw 100 and Global 100 rankings of law firms. The firm’s wide range of specialized areas of practice provides the resources to address every aspect of the employer/employee relationship. Jackson Lewis has one of the most active employment litigation practices in the world, with a current caseload of over 6,500 litigations and approximately 650 class actions.